Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A party may respond to an application by filing and serving a Response (and any affidavit filed with it) at least 7 days before the date fixed for the case assessment conference, procedural hearing or hearing to which the response relates.
(2) If a party wishes to file a Reply, the party must file and serve the reply as soon as possible after the response is received.
(3) All affidavits in a case started by an Application in a Case or a Response to an Application in a Case must be filed at least 2 days before the date fixed for the hearing.
Note The affidavits to which subrule (3) applies include those affidavits that must be filed with the application or response and any affidavit by the applicant responding to the orders sought in a new cause of action in a Response to an Application in a Case.
Summary of Chapter 10 Chapter 10 sets out how a party may resolve a case
without a trial and the procedure to end a case, if agreement is reached. The
rules in Chapter 1 relating to the court's general powers apply in all cases
and override all other provisions in these Rules. A word or expression used
in this Chapter may be defined in the dictionary at the end of these Rules.
Note Each party is encouraged at all times to make an offer
to settle to the other party in an effort to resolve a case. This Part sets
out the rules that apply to offers to settle in the Family Court. Part 10.1
contains two Divisions. Division 10.1.1 applies to all offers to settle and
provides for: (a) how an offer is made; (b) the form an offer is to take; (c) how an offer is accepted or withdrawn; (d) the timing of acceptance or withdrawal; and (e) what to do when an offer is accepted and a
case is resolved. Division 10.1.2 applies only to offers to settle in
property cases in which an offer to settle must be made after a conciliation
conference.
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